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Information for the members of the Greater Ohio Showmen’s Association

President’s Message Greetings, It was a rollercoaster of a season! I hope this message finds you well. As we finish cleaning up and putting equipment away for winter, my take away from this season’s storm: there is always next year. Despite the turbulence, we did manage to make a positive impact in a couple of areas. First, the State Fire Marshall listened to our concerns and made some changes to the new rule package that rolled out last December. Then we were able to meet with the Ohio Department of Health regarding the new Person in Charge rules. We now have an opportunity to provide input and shape the outcome of these changes. The Person in Charge rule has been pulled from the table for now. The "Moving Forward Safely" ride safety campaign had a net positive effect on everyone in our industry in Ohio, too!

President, David Drake

GOSA members held many successful jamboree events this summer in support of our general fund. We appreciate everyone who organizes, donates, attends or otherwise supports these efforts. Our survival kit raffles for the legislative account were also well supported. As well we have seen many current and new members they referred receive entries in the raffle for another cabin on that cruise. The Fall Round Up was a great way to cap off the season in Circleville. We were able to fund several more scholarships just from this year’s event. Inside

As we are heading toward the 2019 OFMA convention, I would like to thank Announcements all who submitted nominations for the awards we present at our annual meeting. Making nominations is a privilege reserved only for GOSA members, and we would like to continue to see an increase in participation for the future. We Meeting Minutes will select those winners at the November 16 meeting at the OFEA Convention in Sandusky. Legislative Report

The season seamed to deal many curve balls, but in the end, we persevered. No matter the challenge, we can make positive change if we face it together. If Letter from ODA there is anything the organization can do for you or if you have ideas to keep the GOSA moving in a positive direction, you may contact me any time. As always, I encourage you to attend board meetings and other GOSA events join- Concessionaire’s Corner ing them. Fall Round Up

Respectfully,

Photos, News & Events

GOSA OFFICERS AND TRUSTEES David Drake, President Randy Kissel, 1st VP Russel Clements, 2nd VP Brandy Daniels, Secretary/ Treasurer

Al Bozich Lori Frieling Doug Guinsler Drew Kissel Brian Linville Tim Lisko

Jasmine Otterbacher Karen Chicketti Mike Ray Bill Sterling Mike Tedrick

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Greater Ohio Showmen’s Association P.O. 43 Pataskala, Ohio 43062 (740) 739-9073 www.mygosa.net GreaterOhioSA@gmail.com


Membership Announcements

DON’T FORGET… The next GOSA Board Meeting is on november 16, 2018 11:00am At Kalahari resort in Sandusky, ohio

CLASSIFIEDS FOR SALE: 2000 Ford Cube Van Bunk House -Mileage- 134,700 -Color - White -8’x10’ Living area with 2 large bunks. -Small refrigerator -Separate Bathroom with Shower and Vanity -Will send pictures upon request $3500.00 Contact Al Bozich - 740-632-8964

FOR SALE: 2002 Spectrum Sports 32’ Rock Climbing Wall -4 Climbing lanes, 3 easy & 1 challenge -Includes harnesses, fencing, lights, and signs -Hydraulic lift with folding trailer -Easy money maker! -Pictures available upon request $18,000.00 Contact Brian Linville - 440-478-4724

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Meeting Minutes are now available on our website! Get caught up by clicking the links below! APRIL 2018 MINUTES

MAY 2018 MINUTES Still receiving a paper newsletter? Don’t worry! You can still view the meeting minutes by going to the GOSA website or use the shortcut below. http://mygosa.net/pageserver/meeting-minutes

You can also check out the minutes by scanning this code with your smart phone!

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Greater Ohio Showmen ‘s Association Legislative Report •

PIC For Mobiles Proposed The Ohio Department of Health has released a draft rule revision that would require all mobile food operations to have a person who has a “person in charge” certificate in order to operate. This would be a new certificate requirement for mobile food operations. The Greater Ohio Showmen’s Association will be objecting to this new regulation. They will be arguing this is an undue burden on small business owners. The point will also be raised that one owner may have many mobile food units. This rule would require certification per unit, not per owner/event. Many GOSA members provided feedback on the proposal which were incorporated into our comments. A meeting with the Ohio Department of Health and GOSA has been scheduled for later in September to review the comments in person. In addition to GOSA, the Ohio Fair Managers Association, the National Independent Concessionaires Association and the Outdoor Amusement Business Association will be weighing in to object to the requirement. Below is the new language in the proposed rule.

The licensor shall mandate person in charge certification for at least one person in charge per shift in mobile food service operations and mobile retail food establishments effective March 1, 2019. Paragraph (K)(2) of this rule does not apply to a person in charge working in a mobile food service operation or mobile retail food establishment who provides documentation to the licensor that the person in charge has obtained manager certification in food protection issued by the director of health. "Person in charge" means the individual present at a food service operation or retail food establishment who is responsible for the operation at the time of inspection. Amusement Ride Inspection Legislation Introduced Representatives Jim Hughes (R – Columbus) and John Patterson (D – Jefferson) have introduced House Bill 631 in response to the ride accident at the Ohio State Fair. The bill proposes the following provisions: • • •

Require the Department of Agriculture to set rules determining a minimum number of inspector to inspect each ride; Requires to the ODAg to adopt the ASTM in their entirety; Requires the ODAg to give preference to professional engineers when hiring inspectors and the chief inspector. If a professional engineer does not apply for a position, preference must be given to a person with a level 1 or higher certification from NAARSO;

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• •

Allows the ODAg to require amusement ride operators to take photos prior to and after repairs are made to rides. ODAg could also require detailed descriptions of all repairs made to ride; Requires all inspectors to keep an electronic manual for each amusement ride that is inspected in the state, if such a manual is available; The bill will include an emergency clause, so if passed into law it would go into effect immediately.

OFMA has reached out to the bill sponsors to let them know we are interested in the legislation. The bill had a sponsor hearing before the House Agriculture and Rural Development Committee on June 27, 2018. There has not been any formal action on the bill since then. Fire Code Expanded to Mobiles Earlier this year the GOSA learned that the Ohio Department of Commerce made significant changes to fire code regulations. Among the changes was adding provisions for mobile food operations. One provision required a minimum distance between mobile food venders. This would have greatly effected fair and festival midways. http://codes.ohio.gov/oac/1301:7-7-03v1 (7) 320.7 Distance and separation requirements. While parked and in operation mobile food units, exclusive of awnings and appurtenances, using or containing a fuel source or generator other than the vehicle fuel tank shall be separated from the entrances and other exits of buildings or structures, combustible materials, vehicles and other cooking operations by a clear space distance of 10 feet (3 m). Exception: When approved by the local authority having jurisdiction, mobile food service operations using LP-Gas may be located at a distance of less than 10 feet from other mobile food units except that at no time shall a mobile food unit be closer than 7 feet from other mobile food units. In speaking with the Department of Commerce, the target of these regulations were food trucks, however, all mobile food operations would have been effected. After meeting with representatives from OFMA and GOSA, the State Fire Marshal released a memo GRANTING a statewide variance to the distance requirement. Under the variance, mobile units must be at least 3 feet apart from each other. This variance is in effect until the Fire Marshal revokes it, there is no expiration date. Additionally, a representative from the State Fire Marshal attended each of the 4 OFMA Spring meetings to alert fairs to the changes and answer any questions. (Continued on page 5)


On May 7, 2018, David Drake (GOSA), Rod Arter (OFMA) and Amanda Sines attended a follow-up meeting with the Fire Marshal’s office. They walked us through the changes they plan to make to 1301:7-7-03 (T) Section 320. This is the section applying the fire code to mobile food units. They plan to make the following changes: • 320.2.3 (carbon monoxide detection) – If there is no • • •

carbon monoxide source, a detector will not be required. 320.3.1 (fire extinguishers) – language may be tweaked. 320.6.1 (containers) – ASME will be included back in. 320.6.2 (location and installation) – The intent of this section is to protect from rear collisions. They will be making changes to clarify that this will only apply when the LP-gas is mounded on the rear exterior of a mobile food unit/vehicle and it will only apply when the mobile food unit/vehicle is in transit. 320.6.3 (piping and connectors) – Their intent is to remove any and all retroactivity. So this will only apply to units built or substantially modified after the effective date (December, 2017). 320.7 (distance and separation requirements) – the language in the variance will be adopted (3 feet). The 10ft distance will still apply to mobile units near buildings and entrances. 320.9.2 (wiring) – they will be taking another look at this and clarifying “exposed”.

Highlights from the testimony:

“Ohio voters want a longer summer break instead of a broken up school year. What was most remarkable about this survey is that this support cuts across partisan, geographic and demographic lines. Researchers told us it’s rare to have an issue with such overwhelming and broad support. Fifty-nine percent of Ohio voters prefer a school start date after Labor Day and 12% prefer school starting the fourth week of August. That’s 71% of voters who are saying school shouldn’t start before the end of August. When asked specifically about their support of SB 34, 66% of Ohioans were in favor. Teachers and parents agreed, with 65% of teachers supporting the bill and 61% of parents. Opponents argue that this is an issue that should be decided at the local level; however, 93% of Ohio voters say they’ve never been asked their opinion on when the school year should begin, indicating this is less of a local control issue and more of a school board control issue. In fact, 71% of teachers also said they’d never been asked their preference for a start date.” Separately, Representative Steve Arndt introduced companion legislation in the House of Representatives. House Bill 549 has been referred to House Education and Career Readiness. At the proponent hearing on May 22, 2018, GOSA submitted testimony in support of the bill. Also testifying was Melinda Huntley, who gave the House a summary of the survey findings similar to testimony given in the Senate.

A redrafted version of this section was recently shared with OFMA and the GOSA. All of the changes discussed with the Fire Marshal are included in the redrafted rule. We are please with the result of this process. School Start Date Legislation– Survey Results Unveiled – House Bill Introduced – GOSA Submits Testimony Senator Gayle Manning (R – North Ridgeville) reintroduced legislation to require schools to begin classes after Labor Day. Senate Bill 34 would allow local boards of education to adopt a resolution to begin classes before Labor Day, but before doing so, they must hold a public hearing to get community input. The legislation has been assigned to the Senate Education Committee where there have been three hearings. The third hearing on the bill was held on April 25, 2017. Testifying in support was the Greater Ohio Showmen’s Association, Lake Erie Marine Trades Association, Ohio Campground Owners Association, the Ohio Travel Association, and Cedar Fair. Questions were raised about removing control from the local level, implementation of this in Michigan, and potential summer jobs that could result from this change. A fourth hearing was held on November 8, 2017. Testifying as proponent was Mike Caputo, a former Bay Village Board of Education member.

This issue has gotten a lot of media attention as many schools have had to close or dismiss students early because of the late summer heat. Sports Wagering Coming to Ohio? As a result of a recent court ruling opening up opportunities for states to allow sports betting, Senate Bill 316 sponsored by Senator John Eklund and Sean O’Brien and House Bill 714 sponsored by Representative Dave Greenspan have been introduced as placeholder bills. This means the bills at this point only state: “It is the intent of the General Assembly to develop and enact legislation legalizing sports wagering.” The sponsors of the bill will be meeting with interested parties to explore how to allow sports betting in Ohio. OFMA representatives has met with Representative Greenspan to let him know we are an interested party in this bill. OFMA would like to see a portion of sports betting at race tracks to benefit the Fairs Fund. Copies of legislation – Go to www.legislature.state.oh.us

At a hearing on March 7, 2018, Melinda Huntley with the Ohio Travel Association, gave testimony highlighting results of a survey conducted on the issue. The Ohio Travel Association worked with Public Opinion Strategies, led by Neil Newhouse, on a statewide survey of 800 registered Ohio voters in September.

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How to Contact Your Lobbyists Amanda Sines and Mikayla Pollitt Government Advantage 17 South High Street, Suite 750 Columbus, Ohio 43215 614-221-7157 amanda@gov-advantage.com mikayla@gov-advantage.com


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3701-21-02 License. (B) An application for a license to operate a new food service operation during any part of the year shall be filed as hereinafter provided not less than ten days before the food service operation is Welcome back off the road from another season. opened for business. By now the majority of the concessions have been (1) A licensor may issue not more than ten tempowinterized and are ready for their winter nap. rary food service operation licenses per licensing I want to report the latest breaking news from the period to the same person or government entity to State Health Department that was personally heard operate at different events within the licensor's jurisdiction. For each particular event, a licensor by David Drake and myself at a meeting we attended in Reynoldsburg. Concessionaires will not may issue only one temporary food service operation license to the same person or government enbe required to attend and obtain a Person In st tity. Charge (PIC) Certificate by March 1 2019. The Retail Food Safety Advisory Council (RFSAC) who advises the State Health and State Agriculture (2) A licensor may issue a temporary food service operation license to operate for more than five Departments as to what rules and regulations consecutive days if both of the following apply: should be implemented backed off the new reth quirement on October 18 . David, Amanda Sines (a) The operation will be operated at an (our lobbyist), and myself had a meeting with upevent organized by a county agricultural per management of the State Ag and Health Desociety or independent agricultural society partments in late September to voice our opinions organized under Chapter 1711. of the Reabout the new PIC Certification requirement they vised Code; wanted completed by March 1st 2019 for all concessionaires. We asked questions that the state (b) The person who will receive the license management team did not have answers to and is a resident of the county or one of the said they would consider the GOSA objections. counties for which the agricultural society We won the battle but have not won the war, yet. was organized. The RFSAC Committee agreed to form an adviso(3) A person may be granted only one temporary ry subcommittee by March to determine what food service operation license per licensing period rules and regulations should govern mobile concessions concerning food safety education. When I pursuant to division (E)(2) of this section. learn more in the subcommittee meetings I will (F) The licensor may place restrictions or condireport it to you in the newsletter. tions on a food service operation license limiting Two of our GOSA members, Jeromie Garn and the types of food that may be prepared or served Monica Lehman, had the same problem with dif- by the food service operation based on the equipferent Health Departments earlier in the summer. ment or facilities of the food service operation. It concerned obtaining a Temporary License from Limitations pertaining to a mobile or catering food the local Health Department. I have not reported service operation shall be posted on the back of on this subject in the past so now seems like a the license. good time. Firstly, a Temporary License can be obtained at the local Health Department where the Once you have applied and paid for the license event is being held. The Code states you must ap- you can expect a visit from the Health Inspector ply and pay for the license at least 10 days before on the first day of the event. All Health Departthe event. This is an important point. If you don’t ment Inspectors normally inspect Temporary Liapply 10 days ahead of the event, the Health De- cense holders first then inspect everybody else. partment can easily turn you down. Every Health The second issue we had this summer involved Department sets their own price for the license. mainly Knox and Morrow Counties. The local Some Health Departments set the price by the day, Health Department inspectors seemed to focus on other Health Departments set the price by the corn dog, fried cheese, fried veggies, and funnel event. The following comes out of the Health cake batters. The State Health Department (SHD) Code: has the final say on guidelines to be used by local BY: MIKE TEDRICK NOVEMBER 2018

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Health Department sanitarians when issues arise where gray areas exist. Remember, the SHD’s are mainly advisors to the local Health Departments and do not actively make routine inspections unless they are contacted by the local health department to accompany them. While the memo specifically addresses hydrated pancake/waffle batter the above-mentioned hydrated batter would also be included. Here is the ruling about batters that are hydrated by water:

time as a public health control, the operation must be licensed as a risk class level IV operation, as per OAC 3701-21-02.3 (D). These facilities must also comply with OAC 3717-1-3.4 (I): Time as a public health control.

I spoke with Hanna Windle from ODH about the impossible task of putting cold batter in a hot deep fry. She agreed that the way the code is set up, it would not work very well for concessionaires. She indicates From: Ohio Department of Health (ODH), Food that there may be a compromise if concessions had Safety Program their {time in leu of temperature plan} in writing and approved by their local Health Department before they Subject: Reconstituted Batter Holding Temperastart their yearly route and that it was on the back of tures their mobile license. I will address time in leu planning in the next newsletter. Hanna posed a question In response to questions the Ohio Department of to concessionaires. Hana wonders, what is the Health Food Safety Program has received regarding coolest or coldest temperature you can drop a batpancake/waffle mix preparing and handling procetered product into a deep fry and safely not worry dures in hotel breakfast settings, the Ohio Department about backsplash? If you would like to email me an answer at tedriro2000@yahoo.com, it would be of Health Food Safety Program is providing the folgreatly appreciated. lowing clarification. Various hotel chains offer pancake and/or waffles for Enjoy your time off the road, breakfast, and at times may add the hydrated pancake/ waffle batter mixes to a dispensing machine for hold- Mike Tedrick ing at ambient temperature. The hydrated batter mix is considered a time temperature controlled for safety food (TCS), and therefore, must be held at required temperature of 41°f and below or 135°f and above. If there is a question as to the status of the batter mix (i.e., TCS vs. non-TCS), the onus is on the operator and/or manufacturer to prove that the hydrated pancake/waffle batter mix is a non-TCS product. Some hotel chains have provided scientific challenge study results for the pancake/waffle batter mix to ODH. The findings show that pathogen growth is limited for a specified period of time, but do not conclude that the hydrated batter mix is a non-TCS food. The ODH Food Safety Program consulted with U.S. Food and Drug Administration, Retail Food Safety Team regarding these specific studies and they concur with our opinion that the hydrated pancake/waffle batter mix product must be treated as a TCS food. The ODH Food Safety Program recommends that local health districts re-evaluate these types of operations prior to the next license renewal period to determine the exact preparing and handling procedures for the pancake/waffle batter mix. Operations identified as holding the batter mix at ambient temperature for up to four hours in the dispensing machine and discarding would be considered as using time as a public health control. If the operation is identified as using -9-


Fall Round Up

in Roundtown!

50/50 Raffle

$2530.00

Auction Proceeds

$5665.00

Dinner Tickets

$3225.00

Raffle Tickets

$8760.00

Expenses

($2800.24)

Prize Payout

($5000.00)

PROFIT

$12379.76 THANK YOU!

All proceeds from the Fall Round Up go directly to the GOSA Scholarship Fund. This event would not carry on without the continued support of our members. Thank you to those who have donated their time, door prizes, and auction items and to all that continue to attend and financially support this event.

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GOSA FELLOWSHIP CRUISE 2020

$100 ON BOARD CREDIT PER CABIN! 7-NIGHT CARIBBEAN CRUISE aboard THE CARNIVAL BREEZE! Departing Port Canaveral February 20, 2020 Cozumel • Belize • Mahogany Bay • Costa Maya • 2 days at Sea! The Breeze is a 3600 passenger ship with multiple food venues such as Guy Fieri's Burger Bar, Guys Pig and Anchor BBQ, The Blue Cantina Taco and Burrito Bar, an Italian specialty restaurant, an Indian Tandoor restaurant, a 24 hour pizzeria, multiple 24 hour ice cream stations, a Sushi Bar and a New York style steak house just to name a few! The Breeze boasts 2 pools, 8 hot tubs, an adult only serenity deck, a spa with thermal suites and a thalassotherapy pool. It also has a large fitness center, an outdoor sports deck with mini golf, giant chess pieces, twister (ask those who went on the last cruise about twister), pool tables, a ropes course, a basketball court and a water park with 2 water slides. The ship also has an outdoor movie screen, large casino, arcade, nightly music shows, comedians, piano bar, Karaoke, sports bar, red frog rum bar (with games and corn hole) a dedicated dance club and a 3-D thrill theatre!

Interior Cabins Starting at $1475* Balcony Cabins Starting at $2093* *Rates are for 2 people in a cabin and include taxes and fees. (Third and Fourth person rates are less)

Gratuities not included, but can be prepaid if preferred (approx. $90.00 pp) Vacation Protection Insurance can be purchased for $109 pp by final payment.

Email Leeanne or Bill Bush at gosacruise@gmail.com for more details

HURRY! Only 8 cabins left at this price! (Additional cabins will be available, but not for the guaranteed price above.) -11-


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Meralie Pocock was recently featured on the Cleveland news during Halloween! Check out the footage from Mr. Fun’s Costume and Magic Emporium! Great Job Meralie!

Longtime GOSA members Harry & Gloria Faint of Faint’s Concessions have decided to hang up their stromboli serving tongs! After more than 15 years serving pizza and stromboli at various fairs and events across Ohio, the Faints will be retiring from the Italian Eatery. While their pizza/stromboli journey has come to an end, it won’t be the last we see of them! Harry and Gloria will still be seen on Ohio midway’s next season when they start their semi-retired chapter of life!

Check out a great article about Harry & Gloria from The Morning Journal by clicking here! Photo Credit: Jordana Joy, The Morning Journal

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Department of Homeland Security H2B Compliance Audit Information By: Jim Judkins, JKJ Workforce From: Carnival Warehouse Wednesday, September 19, 2018

I suggest you do the following:

The following was provided by JKJ Workforce re• Notify each of your offices/units that they may be garding H2B Compliance Audits being conducted by contacted by DHS. (in person, by email, or by the Department of Homeland Security (DHS): phone). • If contacted by DHS (or DOL for that matter), be Over the past few days there have been several repolite and tell the agent that you’ll be happy to work ports of DHS agents visiting H-2B employers to con- with them and that the company has a process for reduct random “compliance audits.” sponding to these types of requests. • Ask the agent to provide his/her contact information In most cases, the agents visit the worksite or home and a written list of the information/documents they office, but some of the contact comes by phone or want. email. • The agent may attempt to pressure you into dropping everything and start producing documents. You There does not seem to be a standard request for doc- are under no obligation to do that. uments or standard list of questions. Some request • Just be polite and tell the agent that someone will just a few documents (I-9s, list of employees, etc.). get back to them as soon as possible to follow up on Others are requesting extensive documentation of the their requests. type consistent with a full DOL wage and hour audit, • Then contact JKJ Workforce and/or your attorney including payroll reports. for further advice about how to proceed. It is not clear that DHS has authority to conduct these Let me know if you have any questions. audits because DHS delegated “all” of its authority to DOL in 2009 to determine whether employers are James Judkins, JKJ Workforce Agency complying with the H-2B program.

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UPCOMING EVENTS NOVEMBER 16th

GOSA Board Meeting

11 a.m.

Kalahari Resort, Sandusky, OH

16-17th OFEA Convention

Kalahari Resort, Sandusky, OH

DECEMBER 13th

GOSA Board Meeting

10 a.m.

Rhodes Center, Columbus, OH

JANUARY 3rd 4th 5th

OFMA Convention Cornhole Tournament GOSA Annual Meeting OFMA/GOSA Extravaganza

7 p.m.

Hyatt Regency Hotel, Columbus, OH

1 p.m.

Hyatt Regency Hotel, Columbus, OH

7 p.m.

Hyatt Regency Hotel, Columbus, OH

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Profile for Greater Ohio Showmen's Association

GOSA NEWS NOVEMBER 2018  

GOSA NEWS NOVEMBER 2018